Terms and Conditions of Site Services

Last Updated: January 24th, 2023

These terms and conditions (the "Terms and Conditions") govern and apply to the right of access and use of the website https://www.kiremx.com (the "Site") operated and/or managed by Kisá Proptech, S.A.P.I de C.V. ("KiRE" or "We", interchangeably).

By using the Site, you ("You" or the "User", interchangeably) accept, for all legal purposes, to be bound by and comply with these Terms and Conditions, as indicated below. If you do not accept them, you will not be able to access the Site.

The User acknowledges that the Site is merely a point of contact through which KiRE facilitates: (i) information about a potential investment by the User in real estate sector benefits; and (ii) interaction with the participants in said potential investment. In accordance with the above, these Terms and Conditions exclusively regulate the Site Services (as defined in Section 3) and in no way the aforementioned investment, which the User acknowledges and agrees will be governed by the contracts and/or agreements subsequently entered into by the User from time to time in relation to said investment.

Our Privacy Notice is an integral part of these Terms and Conditions and can be found at the following internet address: https://www.kiremx.com/aviso.

  1. User Declarations.

The User, when visiting, browsing, and/or using the Site: (i) is subject to these Terms and Conditions and agrees to comply with them; (ii) warrants to KiRE that they are of legal age under applicable law, with the legal capacity to bind themselves under these Terms and Conditions; (iii) in the event they provide information to KiRE, undertakes to do so truthfully, updated, complete, and accurate; and (iv) accepts that such acts imply acceptance of all provisions set forth in these Terms and Conditions, with respect to the version published on the Site.

Likewise, the User accepts and acknowledges that: (i) they may not transfer their rights under these Terms and Conditions in any way without the prior written consent of KiRE; and (ii) it is the sole responsibility of the User to inform KiRE of any changes in any information provided, and any error arising from the lack of notification shall not be attributable to KiRE.

  1. Site Usage.

2.1 User Account.

In order to provide certain services on the site, the User will have to create a user account through the Platform, in which the User must provide complete, authentic, accurate, and up-to-date information. Once the necessary fields have been filled out, the User must establish their username and password, which will serve as a mechanism for personal and confidential identification (the "Account"), which, for the purposes of Article 89 of the Commercial Code, will be considered an electronic signature.

The User accepts and acknowledges that the Account serves to identify the User electronically, and any consent or authorization provided by the User through the Site, including, but not limited to, acceptance through checkboxes, will be considered as express and written consent of the User.

The User accepts and acknowledges that they cannot register more than one Account in their name or transfer their Account to any third party. It is the sole and exclusive responsibility of the User to maintain the confidentiality and security of the Account. Similarly, the User is and will be solely responsible for the activities carried out through their Account, and in the event that they suspect that their Account has been stolen, impersonated, or hacked, they will be obliged to immediately notify KiRE at the following email address: contacto@kiremx.com.

The User agrees not to impersonate any person or entity, as well as not to falsify their identity or affiliation with any person or entity, including the username, email, password, and/or any other information related to the Account.

2.2 Account Blocking and/or Suspension and/or Site Access.

The User acknowledges that the use of the Site is exclusively for personal use and does not grant ownership or any rights over it and its intellectual property. In this regard, KiRE reserves the right to block, suspend, and/or deny access to the Account of any User or prohibit their access to the Site and its content if KiRE, at its sole discretion, considers that the User is in violation of these Terms and Conditions and/or is misusing the Site.

2.3 Use of Email.

By providing an email address, the User accepts and agrees that the said email address is accepted by them as legally valid and acknowledges that any consent, authorization, and/or communication made through this means will be binding on the User. Additionally, the User acknowledges and agrees that the Account will be a valid and binding means of communication between them and KiRE.

Therefore, it is the responsibility of the User to check the inbox of the said email address, as well as the spam folder, to confirm that they are indeed receiving emails from KiRE.

  1. Services.

The User accepts and acknowledges that KiRE only provides the following services through the Site and in relation to it (the "Site Services"):

  • Provide access to the Site and its texts, images, audios, codes, videos, tools, and other materials and creations (collectively, "Content").
  • Act as a point of contact between the User and an independent legal entity ("Investment Vehicle") in which the User can join and invest by acquiring a stake in it and indirectly in one or more properties ("Properties") that constitute its asset portfolio ("Investment").
  • Make information and Content available to the User regarding the Properties.

The User accepts and acknowledges that any other relationship and obligation related to the Investment Vehicle will be subject to its own terms, conditions, agreements, and/or contracts that the User accepts or enters into from time to time. Therefore, the Site Services will be limited to what is established in this section, subject to the limitations and disclaimers of warranties set forth in Section 7.

  1. Site Usage Policy.

This section sets forth the characteristics, requirements, and minimum standards for the use of the Site (the "Site Usage Policies").

  • The User may not use the Site for illegal activities or in violation of the laws of any jurisdiction.
  • The User may not use the Site to incite violence in any form or generate content that threatens third parties or their property or the safety of any person or property.
  • The User may not use the Site for advertising, promotional, or other inappropriate activities.
  • The User may not use the Site in a way that violates the rights of third parties, including intellectual property rights, privacy, and personal data protection.
  • The User may not introduce viruses or code into the Site and KiRE's and its subcontractors' computer programs or systems at any time.
  • The User may not bypass, remove, alter, disable, interfere with, or circumvent the Site's protections.
  • The User may not access the Site through unauthorized means, including automated means such as "robots," "spiders," or "offline readers," or engage in activities that harm, disable, overload, or allow unauthorized access to the Site, KiRE's assets, or its subcontractors' assets, as well as other Users' accounts.
  • The User may not modify the Site or any other elements related to the Site in any way.
  • The User may not use the Site's Intellectual Property (as defined later) or any other information related to the Site in any way, except as expressly provided in these Terms and Conditions.
  • The User may not collect information from other Users through the Site, nor use it at any time.
  • The User may only use the Site in accordance with the express provisions of these Terms and Conditions.
  • The User may only carry out legal and legitimate operations through the Site.

The User shall indemnify and hold KiRE harmless from any liability, sanction, or obligation resulting from the violation of these Site Usage Policies.

  1. Site Usage Policy.

This section presents the characteristics, requirements, and minimum standards for the use of the Site (the "Site Usage Policies").

  • The User may not use the Site for illegal activities or in violation of the laws of any jurisdiction.
  • The User may not use the Site to incite violence in any form or generate content that threatens third parties or their property or the safety of any person or property.
  • The User may not use the Site for advertising, promotional, or other inappropriate activities.
  • The User may not use the Site in a way that violates the rights of third parties, including intellectual property rights, privacy, and personal data protection.
  • The User may not introduce viruses or code into the Site and KiRE's and its subcontractors' computer programs or systems at any time.
  • The User may not bypass, remove, alter, disable, interfere with, or circumvent the Site's protections.
  • The User may not access the Site through unauthorized means, including automated means such as "robots," "spiders," or "offline readers," or engage in activities that harm, disable, overload, or allow unauthorized access to the Site, KiRE's assets, or its subcontractors' assets, as well as other Users' accounts.
  • The User may not modify the Site or any other elements related to the Site in any way.
  • The User may not use the Site's Intellectual Property (as defined later) or any other information related to the Site in any way, except as expressly provided in these Terms and Conditions.
  • The User may not use the Site to collect information from other Users, nor use it at any time.
  • The User may only use the Site in accordance with the express provisions of these Terms and Conditions.
  • The User may only carry out legal and legitimate operations through the Site.

The User shall indemnify and hold KiRE harmless from any liability, sanction, or obligation resulting from the violation of these Site Usage Policies.

  1. Intellectual Property Rights.

All Content on the Site, including audiovisual materials, texts, graphics, logos, designs, photographs, icons, images, video clips, audios, and any other materials, are the property of KiRE and/or its respective licensors, and are protected by the corresponding copyright laws, laws on the protection of industrial property, and/or other laws or international treaties, as applicable in any jurisdiction (the "Site's Intellectual Property"), even if they are not registered with the corresponding authorities. In accordance with the above, the User acknowledges that they have no ownership rights over the Site's Intellectual Property.

The User may not reproduce and/or use, in whole or in part, by any means or medium, the Site's Intellectual Property, except as expressly provided in these Terms and Conditions.

In accordance with the above, the User agrees not to modify, alter, manipulate, decompile, or reverse engineer the Site's Intellectual Property, nor to use methods of analysis, extraction, or data retrieval on it. The User acknowledges and agrees that KiRE will have the right to suspend the Account or its use of the Site if KiRE considers, in its sole discretion, that the User has infringed or is infringing the Site's Intellectual Property or the restrictions set forth in these Terms and Conditions.

To report the existence of any content related to the Site that infringes copyright or industrial property rights, the User must inform KiRE in accordance with the terms set forth in Section 11 of these Terms and Conditions.

  1. Links to Third-Party Pages.

The Parties agree that the Site may contain links to third-party pages or content, including https://kire.power-trust.com.mx. The User accepts and agrees that such pages and content will be governed by the applicable third party's terms and conditions of use and/or any agreements between the User and said third party(s), and, where applicable, their privacy notice.

In accordance with the above, the User accepts, acknowledges, and agrees that KiRE is not responsible in any way for the content, agreements, terms and conditions of use of such third parties, as well as the processes carried out on the websites of such third parties, and therefore KiRE assumes no responsibility in relation to them.

  1. Limitation and Absence of Guarantees of Site Services.

The User acknowledges and agrees that these Terms and Conditions do not regulate their participation, investment, and/or activities in the Investment Vehicle, so it is the User's responsibility, among others: (i) to confirm the availability of each Investment; (ii) to ensure that they understand the terms and conditions, agreements, rules, and procedures established in relation to the Investment Vehicle and the potential Investment; and (iii) to comply with any requirements, terms, and conditions of the Investment Vehicle to carry out an Investment, which may include the subscription of any necessary contracts for that purpose, as well as reading, informing themselves, and understanding the above.

Therefore, KiRE is not directly or indirectly obligated, nor responsible for the activities or processes carried out or agreements entered into in relation to the Investment Vehicle.

In this regard, all detailed information published on the Site regarding prices, rates, commissions, percentages, payment methods, characteristics, restrictions, policies, clarifications, and returns related to the Real Estate, among others, will be subject to any agreements entered into by the User in relation to the Investment Vehicle and the risks involved. KiRE assumes no responsibility whatsoever towards the User in relation to the above.

KiRE does not make any statements or provide any guarantees of any kind related to the Investment Vehicle. Therefore, it will not be responsible for any inaccuracies, confusion, inaccuracy, ambiguity arising from or in relation to the information provided or agreement entered into in relation to the Investment Vehicle.

In this regard, the Site, and KiRE as its administrator, cannot in any way be understood as: (i) a sponsor of the Investment Vehicle, nor responsible for its quality, efficiency, and conditions; and/or (ii) a financing system.

  1. Absence of Guarantees and Limitations of Liability in relation to the use of the Site.

KiRE does not make any statements or provide any warranty of any kind regarding the Site, whether express or implied, including but not limited to any implied warranties of fitness for a particular purpose, availability, completeness, compatibility, or non-infringement of intellectual property rights. In accordance with the above, the User accepts and acknowledges that there may be interruptions, blockages, unavailability, losses, interferences, and errors when using the Site, and it may even contain spyware, malware, or other security vulnerabilities; therefore, KiRE assumes no responsibility arising from the above. Under no circumstances will KiRE be liable for any damages, including incidental, consequential, indirect, or punitive damages (including, but not limited to, damages and losses) arising from or in connection with the use or inability to use the Site.

Neither KiRE, nor its licensors, nor any person related to KiRE, will be liable for any direct or indirect damage or loss resulting from: (a) the User's access to, use of, or inability to access, dispose of, or use the Site or any other failure thereof; (b) any damage, harm, or loss related to the use of the Site; (c) any conduct or content of any part of the Site, including, without limitation, any defamatory, offensive, or illegal conduct; or (d) unauthorized access, use, or alteration of the Site.

The User acknowledges that the waivers and limitations contained in these Terms and Conditions are reasonable and fair, and expressly accepts them.

  1. Security and Confidentiality of User Information.

KiRE works to maintain the security and confidentiality of User information, as it has a valid SSL (Secure Sockets Layer) security certificate and, therefore, a secure connection via HTTPS. However, the User undertakes to promptly and timely inform KiRE of any compromised or unauthorized use that they identify or suspect regarding their Account, using the contact information established in Section 11 of these Terms and Conditions.

  1. Indemnification.

In addition to any other applicable indemnification under these Terms and Conditions or by law, the User agrees to indemnify, defend, hold harmless, and release KiRE and any party related to KiRE from any claims, liabilities, expenses, and damages, including attorneys' fees and costs, made by third parties related to: (a) the use or attempted use of the Site that violates these Terms and Conditions; and (b) the violation of any law or third-party rights by the User during their use of the Site.

  1. Customer Service in relation to the Site.

If the User needs assistance related to the Site's services or if the User wishes to file any claims or request clarifications about the Site, including those related to intellectual property rights or the use of the Account, the User can contact KiRE's customer service center through the following means:

Operating hours: Monday to Friday, from 9 am to 5 pm

  • Address: Arquímedes No. 138, Int. 202, Colonia Polanco IV Sección, Alcaldía Miguel Hidalgo, Postal Code 11550, Mexico City
  • Phone: +55 5473 2759
  • Email: contacto@kiremx.com

By accepting these Terms and Conditions, the User authorizes receiving notifications from KiRE through various means, including email, text messages, automatic notifications, notices and/or messages on the Site, or any other electronic or physical means determined by KiRE.

  1. Privacy Notice.

The User can always learn about the treatment that KiRE gives to their personal data, as well as the procedures for exercising their rights regarding their personal data, in the corresponding Privacy Notice of KiRE, which is available on the Site, in the Privacy Notice section and can be consulted at https://www.kiremx.com/aviso.

  1. Modification of the Terms and Conditions.

KiRE reserves the right to modify these Terms and Conditions at any time. Any modification to these Terms and Conditions will be notified to Users at least 5 (five) business days in advance through its publication on the Site in the Terms and Conditions section and/or, if applicable, by sending an email to the User notifying them of such modification. In any case, the User's continued use of the Site, once such modification becomes effective as indicated above, constitutes the full acceptance by the User of the modifications made from time to time to these Terms and Conditions, without the need for any notification of such modification to the User, constituting the foregoing as a full express and binding acceptance by the User to these Terms and Conditions, as well as to their respective modifications.

  1. Severability; Waiver.

In the event that any provision of these Terms and Conditions is not applicable or is declared invalid, the other provisions of these Terms and Conditions will remain valid and enforceable with full force and effect. The failure of KiRE to exercise any action against the User for any breach in relation to these Terms and Conditions does not imply the waiver by KiRE to exercise any legal action at any time, nor the acceptance of such breach.

  1. Applicable Law and Jurisdiction.

KiRE and the User agree that any conflict related to these Terms and Conditions, the Account, and/or the Site will be governed by the applicable federal laws of the United Mexican States, with KiRE and the User expressly submitting to the jurisdiction of the competent courts of Mexico City in the United Mexican States and the User expressly waiving any other jurisdiction that may correspond for any reason.